By Grace Q. Bryant
The Associate Justice Sie -A- Nyene G. Yuoh has mandated the National Elections Commission (NEC) Chairperson Davidetta Browne-Lansanah to halt all actions or announcements of the elections results in the affected area in Gbarpolu County.Justice Youh’s decision came when a petition for the Writ of Prohibition was filed on January 4, by the Coalition for Democratic Change (CDC) senatorial candidate in Gbarpolu County, Alfred Kiawood to the Justice in Chambers for the issuance of a pre-emptory writ to stay all order proceedings and subsequently issue an alternative writ against the NEC.
“You are hereby informed to stay all actions, pronouncements or announcements on the election of the affected area(s) of Gbarpolu County, pending the hearing and decision of the complaint filed before the Elections Magistrate of Gbarpolu County, up to and including the hearing and disposition of appeal by any party even up to the Supreme Court,” the Justice’s mandate to Chairperson Browne- Lanasanah and all those operating under her jurisdiction read.
According to the complaint filed prior to the rescheduled date, the petitioner prayed the Supreme Court to issue a stay order to refrain, enjoin and prohibit the National Elections Commission of Liberia from conducting a re-run in Gbarpolu County, Liberia.
According to candidate Kiawood’s complaint before the Assistant Magistrate presiding in Gbarpolu County, Willie Sumo, he claimed that while the complaint was pending, a motion for the change of Venue was filed in order to have the case transferred to the NEC headquarters.
The complaint’s allegations of votes’ fraud, election violence and irregularities as contained required serious actions and precautionary decision on the part of the respondent to avoid future irregularities, voter’s fraud and violence.
The petitioner also explained that since the motion for change of venue were filed before the Magistrate, he had failed to assign the case and that no action had been taken by the Co- Respondent and the Magistrate.
The petitioner also filed a summary proceedings before the Board of Commissioners headed by the Chairperson Lansanah-Browne to prohibit and correct the illegal conduct of the Magistrate but the NEC Board failed to conduct a hearing on the motion filed and issue stay order.
The petitioner revealed that all of the motion filed before the National Elections Commission are pending, but they had order for a re- run and conduct of election scheduled for Thursday, January 7, and is presently engaged in the mobilization of its officials for election in Gbarpolu County on the schedule date.
According to the complaint the conduct of the respondent action or decision to conduct re- run in Gbarpolu County is Ultra vires, illegal and a path pursue by wrong rules.
“Prohibition will lie where the tribunal or respondent has assumed jurisdiction not ascribed to it by law or has exceeded its designated jurisdiction or in the exercise of its lawful jurisdiction is proceeding by wrong rules other than those which ought to be observed at all time, Mary Broh vs. House of Representatives (2014) LRSC 24, decided January 24, 2014,” the petitioner quoted.
It can be recalled that the town chief of Gbarpolu County had denied 2,021 registered voters from voting after a forcedly sizing ballot box assigned at the Nomodatanau Town Hall voting precinct in district three.
The town chief’s action, which is being investigated by the police, according to the Nation Elections Commission, resulting in the denial of the citizens’ right to vote as the town chief left without returning.